United States v. Webb

── United States v. Webb ── Court: Court of Appeals for the Tenth Circuit Date: May 11, 2026 Category: General Appellate Case: 25-3173 Document: 15-1 Date Filed: 05/11/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 11, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-3173 (D.C. No. 5:11-CR-40078-JAR-1) VIROK D. WEBB, (D. Kan.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before BACHARACH, KELLY, and EID, Circuit Judges. _________________________________ Virok Webb, a federal prisoner proceeding pro se, 1 appeals the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm. After examining the briefs and appellate record, this panel has determined * unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. We construe Webb’s pro se filings liberally, but we do not act as his 1 advocate. Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008).  Appellate Case: 25-3173 Document: 15-1 Date Filed: 05/11/2026 Page: 2 BACKGROUND In 2014, Webb pleaded guilty to one count of conspiracy to distribute crack cocaine, in violation of 21 U.S.C. § 846. In connection with his guilty plea, he entered into a plea agreement with the government pursuant to Fed. R. Crim. P. 11(c)(1)(C). The plea agreement proposed a term of imprisonment of not less than 20 years or more than 30 years, to be followed by a supervised release term of ten years. In exchange, the government agreed to dismiss a second drug conspiracy charge and a murder charge against Webb and to limit its 21 U.S.C. § 851(a)(1) information to one prior felony drug conviction. At sentencing, the government argued for imprisonment of 30 years, while Webb sought a 20-year term. A presentence report (PSR) was prepared, which calculated Webb’s total offense level for the drug offense at 39. But it recommended a higher base offense level of 43, relying on a cross-reference to U.S.S.G. § 2A1.1 for first-degree murder. The cross-reference was based on Webb’s role in the murder of Crystal Fisher to prevent her from providing information about his drug crime to a United States law enforcement officer. See 18 U.S.C. § 1512(a)(1)(C). Given Webb’s criminal history category of III, the PSR calculated his advisory Guideline range at 360 months to life. The district court accepted the plea agreement; overruled Webb’s objections to the PSR, including his objection to the cross-reference to § 2A1.1; and sentenced him to a term of 360 months (30 years), to be followed by ten years of supervised release. 2  Appellate